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HEALTHCARE IDENTIFIERS (CONSEQUENTIAL AMENDMENTS) ACT 2010 (NO. 73, 2010) - SCHEDULE 2

Amendment of the Privacy Act 1988

Part 1 -- Main amendments

Privacy Act 1988

1  Section 6(1) (at the end of the definition of agency )

Add:

                ; or (l)  the service operator under the Healthcare Identifiers Act 2010 .

2  Subsection 6(1)

Insert:

"healthcare identifier" has the meaning given by the Healthcare Identifiers Act 2010 .

3  Subsection 6(1)

Insert:

"healthcare identifier offence" means:

                     (a)  an offence against section 26 of the Healthcare Identifiers Act 2010 ; or

                     (b)  an offence against section 6 of the Crimes Act 1914 that relates to an offence mentioned in paragraph (a) of this definition.

Note:          For ancillary offences, see section 11.6 of the Criminal Code .

4  At the end of section 13

Add:

Note:          A contravention of the Healthcare Identifiers Act 2010 , or of regulations made under that Act, is an interference with the privacy of an individual and is covered by this section (see subsection 29(1) of that Act).

5  After section 27

Insert:

27A   Functions of Commissioner in relation to healthcare identifiers

             (1)  In addition to the functions under sections 27, 28 and 28A, the Commissioner has the following functions in relation to healthcare identifiers:

                     (a)  to investigate an act or practice that may be an interference with the privacy of an individual under subsection 29(1) of the Healthcare Identifiers Act 2010 and, if the Commissioner considers it appropriate to do so, to attempt by conciliation, to effect a settlement of the matters that gave rise to the investigation;

                     (b)  to do anything incidental or conducive to the performance of that function.

             (2)  The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions under subsection (1).

             (3)  Section 38 (severability) of the Healthcare Identifiers Act 2010 applies to this section in the same way as it applies to Parts 3 and 4 of that Act.

6  Subsections 28(1) and 28A(1)

After "sections 27", insert ", 27A".

7  Subsection 49(1)

After "tax file number offence", insert ", a healthcare identifier offence".


 

Part 2 -- Amendments contingent on the Personal Property Securities (Consequential Amendments) Act 2009

Privacy Act 1988

8  Section 13 (note) (the note added by item 4 of this Schedule)

After "Note", insert "1".

9  Section 13 (note) (the note added by item 26 of Schedule 5 to the Personal Property Securities (Consequential Amendments) Act 2009 )

After "Note", insert "2".

10  Subsection 27A(1)

Omit "and 28A", substitute ", 28A and 28B".

11  Subsection 28B(1)

After "sections 27", insert ", 27A".


 



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